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Original poster

joint mortgage

14 replies

Markkz · 06/06/2018 09:51

Hello Everyone just need some advice please.
I have a joint mortgage with my partner but she has never paid towards this as she only works a few days a week.
she has moved out over a year ago and Im still paying the mortgage and all the bills ,I also have our 3 children living with me.
Now that she has moved out does she now have to pay half the mortgage as its joint account.
your feed back will be most appreciated.

OP posts:
Jonbb · 06/06/2018 10:00

Legally you are both jointly and severally liable for the mortgage. However you would do well to ask her to agree to have the property conveyed into your name, providing your income is enough to support the mortgage. Your ex should be paying maintenance as well. Go through the cms for that.

Original poster
Markkz · 06/06/2018 11:32

Hi Jonbb
Much appreciated for your response. Yes Im getting maintenance money from her and my income can cover the cost of everything.
But surly she owes me half of the mortgage each month as she moved out unless I deduct this if I try to buy her out.
Unfortunately she doesn't have a pot to piss in and is living back with her parents and cant afford anywhere to live.

OP posts:
user1484247439 · 06/06/2018 11:41

If she doesn't have the money to afford half then you need to pay the full amount. Any arrears would go against both of you.

I wouldn't pay half of a mortgage and not have the availability to live there from her side of things.

I do know that even if you pay the entire mortgage for the next X amount of years she will still legally be entitled to half the equity.

I would seriously be looking to buy her out and get it only in your name and protect yourself.

How old are DC?

Daisymay2 · 06/06/2018 11:42

As I understand it, as long as the mortgage is paid, it is not a big issue for the lender which account it comes from, however you are jointly liable.
However, if you can demonstrate that you can pay the mortgage I would try to get the mortgage transferred to you and also the ownership of the house.
From the experience of my friend, you can use the fact that you have paid all of the mortgage , certainly since she left, as a negotiating position when it comes to buying her out. She is probably entitled to a share of the increase in value of the property since purchase, if there is one. However as the children are with you- this will also contribute to you having a bigger share of the property equity.
Seriously get legal advice.

Original poster
Markkz · 06/06/2018 12:29

Thank you all for your help. Im glad I joined this forum today.
apologies don't know what DC means.
I've informed the mortgage lenders that the ex partner has moved out and Im covering the payments.
She may be at her parents for years before she moves out because she cant afford her own mortgage and her name is still on the joint Mortgage.

OP posts:
Original poster
Markkz · 06/06/2018 12:34

Also she wont sign over the house to me and expects half the value of the house.

OP posts:
Daisymay2 · 06/06/2018 17:31

Well she needs to understand that she is not entitled to half the value of the house, but possibly half the value of what is left after mortgage is cleared , less what you have paid since she left, and then taking into account that your joint children need housing she can discuss!!
Where did te deposit come from-her savings, your savings, joint money, gift from one or other set of parents?
You really need a solicitor and sooner rather than later!

Daisymay2 · 06/06/2018 18:59

DC = dear ( or darling) Children. User was asking how old your kids are. If you look at getting started there is a list of commonly used abreviations.

Original poster
Markkz · 07/06/2018 08:57

Daisymay 2 you are a superstar thank you for all your advise my DC are 12 and 6.
Both paid deposit from our own savings about £ 5,000 each also I recently put 50 grand into the house from inheritance money before she moved out.

OP posts:
Original poster
Markkz · 07/06/2018 08:59

Which paid for kitchen extension etc so this also added value to the house.

OP posts:
notagain2018 · 07/06/2018 12:37

HI Mark. I'm in a similar situation. My ex moved out a year ago but is still on mortgage and deeds of house. I've been paying the mortgage alone for the last year. House is on the market.
I have a solicitor friend and I asked him about whether my ex is entitled to half of anything left after sale of house. He mentioned something about a 'Declaration of Trust' so I would do some research into that.

notagain2018 · 07/06/2018 12:38

Sorry, I got that wrong (just re-read my messages). He said "it can make a difference but requires a court application in relation to something called a resulting trust"

Daisymay2 · 07/06/2018 12:55

Markkz
Thank you!
You really need legal advice. You have put a lot of additional money into the house which has added value and need to find out your legal position . Even if just for your peace of mind.
Although she was working part time before the split, she was contibuting to the household finances by providing childcare , however your contributions since she left need to be recognised- even if you don't sell the house or buy her out immediately.
If you look on the Law Society website you need to identify which type of specialist solicitor you need- maybe family law but you need serious advice on the financials.

Jonbb · 07/06/2018 22:23

Were you married? Do you hold the property as joint tenants or tenants in common? What was discussed when you bought the house? Did you agree to equal shares? What did you say to her when you used your inheritance to pay off some of the mortgage?

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